BHANU PARKASH Vs. SHARDA AND ORS.

JUDGEMENT

(1.) Petitioner has invoked the revisional jurisdiction of this Court under Article 227 of the Constitution of India seeking to set aside the order dated 18.08.2012 (Annexure P-5) passed by the learned Rent Controller whereby the application to pass ejectment order against the respondents on account of failure to deposit the assessed rent within the statutory period has been dismissed.

(2.) The predecessor of the respondents was rented out two shops on a monthly rent of " 250/- i.e. @ " 125/- per month for each shop. The respondents have inherited the tenancy. The eviction of the respondents was sought on the grounds inter alia; that the respondents are in arrears of rent to the tune of " 9000/-for the period from 01.09.2005 to 31.08.2008. The other grounds of eviction were also taken. The eviction petition was filed in August, 2008. On 12.03.2011, learned Rent Controller made provisional assessment of the rent as under:-

(3.) On 26.03.2011, the respondents did not make the tender of rent and adjournment was requested by them. The matter was adjourned to 31.03.2011 for payment of the assessed rent. On 31.03.2011, however, the respondents are stated to have made payment of rent alongwith costs and interest and the learned Rent Controller passed the following order:-